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07-17-17 Commissioners: Ernest Glasgow, Chair Dave Simpson, Vice-Chair Daniel Correa Adrienne Gladson Doug Willits City of Orange Planning Commission Regular Agenda MONDAY, JULY 17, 2017 REGULAR SESSION 7:00 PM  City Council Chambers Staff: Anna C. Pehoushek, Assistant Community Development Director Gary Sheatz, Senior Assistant City Attorney Kelly Ribuffo, Associate Planner Vidal Marquez, Assistant Planner Anne Fox, Contract Planner Carly Mallon, Recording Secretary Location: 300 E. Chapman Avenue Orange, CA 92866 City Council Chambers Mailing Address P.O. Box 449 Orange, CA 92866-1591 Telephone Number: (714) 744-7220 If you are interested in addressing the Planning Commission on any item on this agenda, please PRINT today’s date, your full name, address (with zip code) and phone number (optional) as well as the agenda item number on a yellow card provided on the table at the front door. Submit the completed card to the recording secretary at the front of the chambers. The Chair will call your name and allow you to speak when the item is considered. When you speak to the Commission, state your full name and address for the record. Members of the public must direct their questions to the Chair and not to other members of the Commission, the staff, or the audience. Speaking time is limited to three (3) minutes per person, so please organize your comments accordingly. Regular Planning Commission meetings will be broadcast live on Time Warner Cable, Channel 3 and AT&T U-Verse, Channel 99 on the 1st and 3rd Mondays. You may also stream the meeting LIVE on the internet by logging onto the City of Orange website at www.cityoforange.org, clicking on Council Online; scroll down to find the meeting date & click on Video to watch. Upcoming event dates will become “In Progress” video links when the meeting begins. Click the link to watch the live event. If a legal holiday falls on the 1st or 3rd Monday, the meeting will be held on Wednesday of that week. NOTE: Any public record that is distributed less than 72 hours prior to the Planning Commission meeting will be made available at the Planning Commission meeting and at the City Clerk counter at City Hall, 300 E. Chapman Avenue, Orange, CA 92866. PLEASE SILENCE ALL ELECTRONIC DEVICES Planning Commission Agenda – July 17, 2017 Page 2 of 5 In compliance with Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) and the federal rules and regulations adopted in implementation thereof, the Agenda will be made available in appropriate alternative formats to persons with a disability. Please contact the Planning Division either in person at 300 E. Chapman Ave., Orange, CA. or by calling (714) 744-7220 no later than 10:00 AM on the City business day preceding the scheduled meeting. If you need special assistance to participate in this meeting, please contact the City Clerk’s office at (714) 744-5500. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA Title 11]. REGULAR SESSION – COUNCIL CHAMBERS 1. OPENING 1.1 Call to Order: 1.2 Flag Salute: 1.3 Roll Call: 1.4 Public Participation Opportunity for members of the public to address the Commission on matters not listed on this agenda. 1.5 Continued or Withdrawn Items: None 1.6 Assistant Community Development Director Reports 1.7 Announcement of Appeal Procedures (details found on last page of this agenda) 2. CONSENT CALENDAR: 2.1 APPROVAL OF MINUTES FROM THE REGULARLY SCHEDULED MEETING OF JUNE 19, 2017. 2.2 ADOPT A PLANNING COMMISSION RESOLUTION NO. 16-17 APPROVING CONDITIONAL USE PERMIT NO. 3038-17, ADMINISTRATIVE DESIGN REVIEW NO. 0067-17 ANDMINOR SITE PLAN REVIEW NO. 0877-16 PERMITTING TWO MODULAR BUILDINGS AND ALLOWING ADMINISTRATIVE OFFICE IN EXCESS OF 25% OF THE TOTAL GROSS FLOOR AREA IN THE INDUSTRIAL MANUFACTURING (M-2) ZONE LOCATED AT 749 N. POPLAR STREET Planning Commission Agenda – July 17, 2017 Page 3 of 5 2.3 ADOPT PLANNING COMMISSION RESOLUTION NO. 17- 17 ADOPTING MITIGATED NEGATIVE DECLARATION NO.1856-17 AND APPROVING MAJOR SITE PLAN REVIEW NO. 0866-16, DESIGN REVIEW NO. 4864-16, TENTATIVE PARCEL MAP NO. 0012-16 AND ADMINISTRATIVE ADJUSTMENT NO. 0254-17 ALLOWING THE CONSTRUCTION OF A HORIZONTAL MIXED USE DEVELOPMENT AT 999 TOWN AND COUNTRY ROAD 3. CONTINUED HEARING: 3. NEW HEARINGS: 3.1 CONDITIONAL USE PERMIT NO. 3043-17 ALBERTSON’S A request for a Conditional Use Permit (CUP) to establish a Type 86 Alcoholic Beverage Control License to allow instructional tasting of alcohol in addition to an existing Type 21 License for off-site sale of alcohol at an existing Albertson’s grocery store. LOCATION:8440 E. Chapman Avenue NOTE: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class 1 Existing Facilities) because the project consists of the operation and licensing of an existing retail store involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. There is no public review required. RECOMMENDED ACTION: Adopt Planning Commission Resolution PC 14-17 approving Conditional Use Permit No. 3043-17, a request for an Alcoholic Beverage Control Type 86 License (instructional tasting) located at 8440 E. Chapman Avenue All matters listed under the Consent Calendar are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion of said items unless members of the Planning Commission, staff or the public request specific items removed from the Consent Calendar for separate action Planning Commission Agenda – July 17, 2017 Page 4 of 5 3.2 CONDITIONAL USE PERMIT NO. 3035-16, MAJOR SITE PLAN REVIEW NO. 0890-16, DESIGN REVIEW NO. 4894-16 AND TEMPORARY USE PERMIT NO. 0207-16 – UNIT MIDDLE COLLEGE HIGH SCHOOL A request for a Conditional Use Permit (CUP) to establish a new charter high school at an existing church site in the Office Professional (OP) zoning district. The application also includes a request for a CUP for shared parking facilities and a Temporary Use Permit (TUP) for the use of short-term modular classroom buildings. LOCATION: 1310 E. Lincoln Avenue NOTE: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15332 (Class 32 – In-fill Development Projects) because the project meets the following criteria: a. The project is consistent with the existing General Plan designations, General Plan policies and, applicable zoning designations and regulations in that the intended townhouse use is a listed permitted use consistent with the intent of the land use designation. b. The project is in the City on a site less than five acres and is substantially surrounded by urban uses. c. The project site has no value as habitat for endangered, rare or threatened species in that the site is void of any vegetation or landforms. d. The project has been evaluated for significant effects relating to traffic, noise, air quality, and water quality and no significant effects have been identified in that:  A traffic analysis (on file) was performed and showed no impact.  Noise levels will fall below mandated levels for residents and surrounding properties.  Air quality guidance thresholds of the South Coast Air Quality Management District would not be tripped, and  A Preliminary Non-Priority Water Quality Management Plan has been approved. e. The site would be adequately served by all required utilities and public services in that all services exist to serve the site. There is no public review required Planning Commission Agenda – July 17, 2017 Page 5 of 5 RECOMMENDED ACTION: Adopt Planning Commission Resolution No. 19-17 approving Conditional Use Permit No. 3035-16, Major Site Plan Review No. 0890-16, Design Review No. 4894-16, and Temporary Use Permit No. 0207-16 to establish a 200 student charter high school with shared parking facilities at 1310 E. Lincoln Avenue 4. ADJOURNMENT: Adjourn to the next regularly scheduled Planning Commission meeting on Monday, August 7, 2017. APPEAL PROCEDURES Any final determination by the Planning Commission may be appealed, and such appeal must be filed within 15 calendar days after the Planning Commission action. This appeal shall be made in written form to the Community Development Department, accompanied by an initial appeal deposit of $1,000.00. The City Clerk, upon filing of said appeal, will set petition for public hearing before the City Council at the earliest date. All owners of property located within 300 feet of the project site will be notified by the City Clerk of said hearing. For additional information, please call (714) 744-7220. If you challenge any City of Orange decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described on this agenda or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.